Rights, liability, and ethics in international legal practice
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Bibliographic Information
Rights, liability, and ethics in international legal practice
Transnational Juris Publications , Kluwer Law & Taxation Publishers, c1995
- : us
- : ne
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Note
At head of title: The Stein Institute of Law and Ethics
Includes bibliographical references
Description and Table of Contents
Description
The legal profession has played a key role in enabling business to move goods and services across borders, but the regulation of the legal profession has not kept pace with the changes that have occurred in communications, transportation and technology. Lawyers who regularly counsel clients on transactions and litigation having an international dimension frequently find themselves without clear guidance on their ethical responsibilities. The extent and scope of their potential liability to clients is similarly uncertain. This work is a study by transnational lawyers and academics of ethical and practice-related problems and challenges arising from the provision of cross-border legal services. It discusses such topics as conflicts of interest from the perspective of the US, English, French and Dutch legal systems, and the rights of foreign lawyers to practice in Belgium, France, Great Britain, Germany, Japan and the US. Particular attention is paid to the Code of Conduct for Lawyers in the European Community and the Draft Directive on the Right to Establishment for Lawyers in the European Community. Practitioners and academics should find the work a useful resource.
For practitioners, the chapters are sensitive to real-life dilemmas that are regularly encountered.
Table of Contents
- 1. The American perspective on the duty of loyalty: Conflicts of interest and other issues of particular concern to the international practitioner
- T. Morgan. 2. Dutch perspectives on the duty of Loyalty
- P. A. Wackle Eysten. 3. English perspectives on the duty of loyalty
- L. Moore. 4. French perspectives on the duty of loyalty
- O. d'Ornesson. 5. The lawyer`s duty of loyalty
- C. Nelson et al. 6-11. deal with the regulation of the profession: The institutional framework and accommodation of foreign lawyers
- S.M. Cone III et al. 12. Institutional framework and accommodation of foreign lawyers
- Hamish Adamson et al. 13. Special problems and risks in advising on foreign law
- R. E. Lutz. 14. The French perspective on the duty of competence
- P. Thieffry. 15. The English perspective on the duty of competence
- J. Toulmin. 16. The Spanish perspective on the duty of competence
- R. Mullerat. 17. The Belgian and CCBE perspective on the duty of competence
- C. Bevernage. 18. European perspectives on the duty of competence
- S. C. Nelson et al. 19. The US law of client confidentiality - Framework for an international Perspective
- C. W. Wolfram. 20, 21. deal with Dutch, CCBE and Portuguese perspectives on the lawyer's duty to safeguard client communications and the related concept of attorney-client privilege
- L. de Haas et al. 25. Integration of the legal profession within the Community in the context of the internal market goal
- R. Wainwright. 26. Rights of practice and discipline: The European experience
- H. Adamson et al. 27. A worldwide common code of professional ethics? J. Toulmin. 28. The common code of conduct from an American perspective
- S. M. Cone III. 29. The proposal for a directive on the right of establishment for lawyers in the EC
- H. Well. 30. Reactions to the CCBE initiative
- S. C. Nelson et al. 31. Lawyers in the EC
- R. J. Goebel. 32. Problem of professional responsibility in international law practice
- D. F. Nelson et al. 33. Anonymous bank accounts: NARCO-dollars, fiscal fraud, and lawyers
- W. W. Park. 34. Retaining and relying upon foreign counsel
- H. H. Healy et al. 36. The extent to which lawyers can and should advise on matters of foreign and/or international law
- S. C. Nelson et al.
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